Law / United States / 
Maryland
Genetic information in health insurance: limits on use, requests and release
In force.
A sensitive categories rule binding private bodies.
- Obligation class
- Prohibition, Consent, Disclosure
As of .
What it requires
- If you are an insurer, nonprofit health service plan or health maintenance organization, do not use a genetic test, the results of a genetic test, genetic information or a request for genetic services to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms or conditions of, or otherwise affect a health insurance policy or contract (Ins. 27-909(c)(1)).
- Do not request or require a genetic test, the results of a genetic test or genetic information for the purpose of determining whether to issue or renew health benefits coverage (Ins. 27-909(c)(2)).
- Do not release identifiable genetic information or the results of a genetic test to anyone other than your employees or a participating health care provider who provides medical services to your insureds or enrollees without the prior written authorization of the individual from whom it was obtained (Ins. 27-909(c)(3)).
- Obtain an authorization for each disclosure that describes who makes it, to whom it is made and the information disclosed, and disclose to an employee or health care provider only to provide medical care to patients or to conduct research approved by an institutional review board (Ins. 27-909(d)-(e)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
Section 4-113(d)(1) of the Insurance Article lets the Commissioner, instead of or in addition to suspending or revoking a certificate of authority, impose on the holder a penalty of not less than $100 but not more than $125,000 for each violation of the article.
- Rule
- Per violation only
- As of
- Minimum
- 100
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 125,000
Who enforces it
Enforcement body
Maryland Insurance Commissioner, who may issue an order under sections 4-113, 4-114, 27-501 and 27-505 of the Insurance Article if the Commissioner finds a violation of section 27-909.
Settledness
- As of
- Open questions
- Does information a health insurer collects in an application medical history questionnaire fall within 'genetic information' under section 27-909(a)(3), which covers information about chromosomes, genes, gene products or inherited characteristics obtained for diagnostic and therapeutic purposes at a time when the individual is asymptomatic for the disease?
What this law does
Insurance Article section 27-909 does not apply to life insurance policies, annuity contracts, long-term care insurance policies or disability insurance policies.
An insurer, nonprofit health service plan or health maintenance organization may not use a genetic test, the results of a genetic test, genetic information or a request for genetic services to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms or conditions of, or otherwise affect a health insurance policy or contract.
An insurer, nonprofit health service plan or health maintenance organization may not request or require a genetic test, the results of a genetic test or genetic information for the purpose of determining whether to issue or renew health benefits coverage.
An insurer, nonprofit health service plan or health maintenance organization may not release identifiable genetic information or the results of a genetic test to anyone other than its employees or a participating health care provider who provides medical services to its insureds or enrollees without the prior written authorization of the individual.
Disclosure of identifiable genetic information to an authorized employee or health care provider may be made only for providing medical care to patients or conducting research approved by an institutional review board. Each authorization under Insurance Article section 27-909 must describe the individual or entities making the disclosure, to whom the disclosure is to be made, and the information to be disclosed.
The Insurance Commissioner may issue an order under sections 4-113 and 4-114 and sections 27-501 and 27-505 of the Insurance Article if the Commissioner finds a violation of section 27-909. Insurance Article section 4-113 lets the Commissioner, instead of or in addition to suspending or revoking a certificate of authority, impose on the holder a penalty of not less than $100 but not more than $125,000 for each violation of the article.
When LexLint raises it
When your app profile says your app is an insurer.